Chapter 3: Brief: Case. 3.3
Downey v. Bobs Discount Furniture Holdings, Inc.
United States Court of Appeals, First Circuit, 633 F.3d 1 (2011)
Facts: The Plaintiff, Downey, is appealing an earlier suit against the Defendant
Chapter 2 Homework Assignment
Alternate Dispute Resolution: the resolution of disputes in ways other than those involved in
the traditional judicial process.
Arbitration: the settling of a dispute by submitting it
Chapter 13 Homework Assignment
Emancipation: in regard to minors, the act of being freed from parental control; occurs when a
childs parent or legal guardian relinquishes the legal right to exercise control over
Chapter 3 Court Procedures
Consulting an Attorney
Hourly fee agreement
o The range in fee is $250 - $700 per hour
Flat fee there is a fixed fee for representation
o For the entire representation
Criminal cases, state planning, business transaction
Chapter 18 Vocabulary
Anticipatory Repudiation: An assertion or action by a party indicating that he or she will not
perform an obligation that the party is contractually obligated to perform.
Breach of Contract: The failu
Chapter 21 Vocabulary
Destination contract: A contract in which the seller is required to ship the goods by carrier and
deliver them at a particular destination.
Document of title: Paper exchanged in the regular course of
Chapter 8 Vocabulary
Copyright: The exclusive right of authors to publish, print, or sell intellectual products for a
period of time.
Intellectual Property: Property from intellectual and creative processes such as trademar
Chapter 3 Vocabulary
Answer: Procedurally, a defendants response to the plaintiffs complaint.
Brief: A formal legal document that outlines the facts and issues of the case and the judges
rulings or jurys findings.
Chapter 19 Vocabulary
Consequential damages: Special damages that compensate for a loss that is not direct.
Liquidated damages: An amount that the parties in a contract believe to be a reasonable
estimation of the damages
Chapter 16: Brief: Case. 16.1
Salim v. Solaiman
Court of Appeals Georgia, 302 Ga.App 607, 691 S.E.2d 389 (2010)
Facts: Salim bought a convenient store and made a few improvements and later enter into talks
to sell it to So
Chapter 20 Vocabulary
Course of dealing: Prior conduct between parties to a contract that establishes a common basis
Course of performance: The conduct that occurs under the terms on an agreement.
Chapter 6: Brief: Case. 6.2
Palsgraf v. Long Island Railroad Co.
Court of Appeals of New York, 248 N.Y. 339, 162 N.E. 99 (1928)
Facts: The plaintiff, Helen Palsgraf, was waiting for a train at a train station. A man holding
Chapter 19: Brief: Case. 19.2
Hadley v. Baxendale
Court of Exchequer, 156 Eng.Rep. 145 (1854)
Facts: A shaft in Hadleys mill broke rendering the mill inoperable. Hadley hired Baxendale to
transport the broken mill shaft to
Liability without fault:
1. Owners of Wild Animals
2. Dog Owners dog bites (California)
(If someone is committing a crime, strict liability will not apply.)
3. Trespassing livestock
5. Abnormally Dangerous Activities
Option Contract One pays consideration to keep an offer open
Promissory Estoppel Detrimental Reliance on a promise
Only the identified offeree can accept the offer.
Acceptance must be unequivocal
Acceptance must mirror-i
Unilateral Mistake - One party is mistaken as to a material fact, the courts will
enforce the contract with the mistake, except where the, the non-mistaken party
knew or should have known of the mistake.
If there is a mistake in calcul
California Judicial System:
Superior Court Limited Jurisdiction
Civil matters up to $25,000
Criminal matters involving infractions (a crime punished by fine
parking ticket) or misdemeanors (a crime punish by up to 1 year in
jail stealing or
Chapter 8: Intellectual Property
A distinctive mark, motto, device of that a manufacturer uses to affix to
products to identify the manufacturer
Trademark dilution 1995 Congress amended the Lanham Act by passing the
Federal Trademark Dilution
Chapter 2 Vocabulary
Alternative Dispute Resolution: The resolution of disputes in ways other than the standard
judicial process. Examples of this are negotiation, mediation, and arbitration.
Arbitration: The resolution if
Chapter 11 Vocabulary
Bilateral Contract: A type of contract that arises when a promise is given in exchange for a
Contract: An agreement that can be enforce in court; formed by two or more parties in which
Chapter 14 Vocabulary
Emancipation: The act of being freed from parental control.
Necessaries: Necessities required for life such as food, shelter, clothing, and medical attention.
May include whatever is necessary to main
Chapter 10 Vocabulary
Actus reus: A guilty illegal act.
Arson: The malicious burning of anothers dwelling.
Beyond a reasonable doubt: The standard to determine guilt or innocence in a criminal case.
One must be proved guil
Chapter 4 Vocabulary
Bill of Rights: The first ten amendments to the U.S. Constitution.
Commerce Clause: The provision of the U.S. Constitution that gives Congress the power to
regulate interstate commerce.
Due Process Cla
Chapter 15: Brief: Case. 15.1
L&H Construction Co. v. Circle Redmont, Inc
District Court of Appeals Florida, Fifth District, 55 So.3d 630 (2011)
Facts: L&H Contruction contracted Circle Redmont to make a cast-iron staircas
Each side is trying to pick jury members that will favor them in the jury room. They are
trying to find people who have slight biases so that even if there case is proven wrong they still
Chapter 7: Brief: Case. 7.3
Johnson v. Medtronic, Inc.
Missouri Court of Appeals, 365 S.W.3d 226 (2012)
Facts: The plaintiff, Jeffrey Johnson, was rushed to the hospital with atrial fibrillation. Dr. Hahn
used a defibrillat
Chapter 16 Vocabulary
Collateral promise: A secondary promise the is subsidiary to a primary contractual relationship.
Integrated contract: A written contract that constitutes the final expression of the parties
Chapter 5: Brief: Case. 5.3
Mosley v. Pepco Energy Services, Inc.
United States District Court, District of New Jersey, 2011 WL 134 1584166 (2011)
Facts: Plaintiff Moseley has been an employee of Defendant Pepco Energy Serv
Chapter 13 Vocabulary
Accord and Satisfaction: An agreement for payment, or other performance, between two
parties, one of whom has the right of action against the other.
Consideration: The value given in return for a promi
Chapter 12 Vocabulary
Agreement: A meeting of two or more minds in regard to the terms of a contract.
Counteroffer: A offerees response to an offer in which the offeree rejects the original offer and
makes a new one.